ARUNACHALAM Vs. STATE

JUDGEMENT

(1.) THE petitioner is the brother of the detenu, namely, R. Kumaran, who is now confined at Central Prison, Cuddalore, pursuant to the order of conviction dated 18.04.2000 in S.C.No.178 of 1998 passed by the learned Additional Sessions Judge, Villupuram sentencing the detenu to undergo life imprisonment for an offence punishable under Section 302 read with Section 34 IPC and also to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for six months, which was confirmed by this Court in Criminal Appeal No.373 of 2000 on 12.08.2005.

(2.) THE petitioner has come forward with this habeas corpus petition seeking for a direction to transfer the detenu Kumaran from Central Prison, Cuddalore to Borstel School, Pudukottai, stating that on the date of commission of the offence, namely, 18.01.1996, he was only 16 years old. Since the detenu is an adolescent offender on the date of his conviction for the offence, he is entitled to get relief under the Borstel School Act. Hence, the detention of the detenu Kumaran in the hands of the 2nd respondent is unjust, illegal and violative of Article 21 of the Constitution of India.

(3.) PER contra, the 2nd respondent, Superintendent of Police, Central Prison, Cuddalore, filed a counter stating that the detenu was convicted and sentenced to undergo imprisonment for life for the offence punishable under section 302 read with Section 34 IPC and also to pay a fine of Rs.5,000/-, in default to undergo six months rigorous imprisonment, by the learned Additional Sessions Judge, Villupuram in S.C.No.178 of 1998 on 18.04.2000. Subsequently, he was released on bail on 11.07.2000 as per the order passed by this Court in Crl.M.P.No.2833 of 2000 in C.A.No.373 of 2000 dated 11.07.2000. Thereafter, the detenu was recommitted to jail for undergoing the remaining period of sentence since the sentence awarded by the Additional Sessions Judge, Villupuram was confirmed by this Court in the said appeal , on 12.08.2005. He was admitted in Central Prison, Cuddalore on 12.08.2008. In the counter, it is further stated that as per the warrant issued by the learned Additional Sessions Judge, Villupuram on 18.04.2000, consequent to conviction and sentence passed in S.C.No.178 of 1998 the age of the detenu was mentioned as 22 years as of the year 2000. But the date of birth of the detenu, as per the transfer certificate dated 04.08.2008, issued by the M.R.I.C.R.C. High School, Villupuram, is 25.04.1980. Since the detenu attained the age of 28 years at the time of admission in the prison on 12.08.2008 to undergo the remaining period of life imprisonment, the prayer of sending him to Borstal School at this stage does not arise and there is no violation of Article 21 of the Constitution of India. Hence, the petition is liable to be dismissed.